Case law

REAGAN v. CHOSEN CONSULTING, LLC

District Court, S.D. Indiana · Sep 13, 2021

But these statements are clearly double hearsay not to be considered on summary judgment. See Eaton v. J. H. … "Comparators must have engaged in similar—not identical—conduct to qualify as similarly situated." Coleman v. Donahoe, 667 F.3d 835, 850 (7th Cir. 2012) (quotation omitted).

United States v. SHADOAN

District Court, S.D. Indiana · Nov 12, 2021

Defendants contend that one of the regulations interpreting this provision clearly states, "The reinstatement of a lien does not retroactively reinstate a previously filed notice of lien." 26 C.F.R. 301.6325-1(f). … And even if the one-year period had not already expired, Defendants assert that the United States cannot qualify as a requesting creditor under § 727(d)(1) as it knew of the fraud allegations alleged in its Complaint before

BURKHART v. United States

District Court, S.D. Indiana · May 12, 2021

More importantly, HHC was clearly treated as a victim of Burkhart's wrongdoing (see Crim. Dkt. 1 ¶ 17). … The Court agrees with Burkhart that under these circumstances B&T clearly had a conflict in their representation.

MANASSA v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

District Court, S.D. Indiana · Jun 23, 2022

and important factors related to the preponderance of circumstantial evidence establishing intentional discrimination. … The MHDC and other plaintiffs filed suit, alleging that the zoning decision violated the Fourteenth Amendment's Equal Protection Clause.1 Specifically, because 40% of the Chicago-area residents who would qualify to become

Machowski v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 15, 2021

The claimant was a younger individual age 18-44, on the established disability onset date. 8. … Nonetheless, an award of benefits is appropriate “only if all factual issues involved in the entitlement determination have been resolved and the resulting record supports only one conclusion—that the applicant qualifies

Hess v. Biomet, Inc.

District Court, N.D. Indiana · Nov 30, 2022

As can be seen by the text above, this is clearly not what Greenleaf was discussing. … The court in Hellyer was clearly writing that the duty to speak came from an explicit term in the lease. (Id.)

Stegall v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 21, 2022

The Court therefore remands, consistent with the case law suggesting that most often, ALJs (and courts) are simply not qualified to independently determine whether medical imaging is potentially decisive. … Clearly, such a conclusion is an improper medical judgment by the ALJ.”); Dohner v. Saul, No. 1:18-CV-251-HAB, 2019 WL 6888450, at *4 (N.D. Ind.

BENDER v. AVON EDUCATION FOUNDATION

District Court, S.D. Indiana · Jul 13, 2021

To qualify as an employer under the FMLA, one must employ 50 or more employees. See 29 U.S.C. § 2611(4)(A)(i)-(ii). For Title VII to apply, a company must have 15 or more employees. See 42 U.S.C. § 2000e(b). … But, as in Moreau, Tazcom contracted with Pekin for the provision of those services, which is insufficient to establish a joint-employment relationship. . . .

CHRISTOFFERSON v. SAUL

District Court, S.D. Indiana · Jul 24, 2020

four is satisfied, the burden shifts to the [Commissioner] to establish that the claimant is capable of performing work in the national economy." Knight v. … The Commissioner contends that the ALJ "clearly relied on medical source evidence" in concluding that Lora C.'

Bean v. Marthakis

District Court, N.D. Indiana · Jun 27, 2024

court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … However, the October 24, 2024, visit was not related to that request for health care – it was an “Established patient” visit. ECF 1-1 at 18. It was not a sick call visit.

JETT v. ISS FACILITY SERVICES, INC

District Court, S.D. Indiana · May 3, 2022

Parrish, they were subject to the same rules and regulations with respect to the LOTO Procedure, they were the only two ISS employees who were qualified to perform the LOTO Procedure, Mr. … Hunt and so his complaints "cannot immunize him from being subsequently disciplined or terminated for inappropriate workplace behavior." [Filing No. 65 at 9.]

Larson v. Davidson Trucking Inc

District Court, N.D. Indiana · May 29, 2024

The “as provided in Rule 35(b)” language qualifies the consulting expert privilege, but one would expect that if the right to depose a testifying expert can be subject to other conditions, that would be clearly spelled … Defendants’ argument presupposes, rather than establishes, that there was such an intent.

Scott v. Commissioner of Social Security

District Court, N.D. Indiana · Mar 14, 2024

DISABILITY STANDARD In order to qualify for DIB, a claimant must be “disabled” as defined under the Act. … First, the ALJ clearly articulated the rationale behind his finding. He found Ms.

Greives v. Bank of Western Indiana (In re Greives)

81 B.R. 906 · District Court, N.D. Indiana · Mar 17, 1987

More harm than good would result from allowing creditors to establish a secured status by parol evidence after they have neglected the simple formality of obtaining a signed writing. … This does not mean however, that the Debtors need not pay adequate protection whatsoever to the Bank which is clearly undersecured.

Alexander v. Warden

District Court, N.D. Indiana · Feb 14, 2025

As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” Maples v. Thomas, 565 U.S. 266, 280 (2012). … court proceedings unless the adjudication of the claim— (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly

Pitts v. Commissioner of Social Security

District Court, N.D. Indiana · Dec 18, 2019

Supplemental insurance benefits are available only to those individuals who can establish “disability” under the terms of the Social Security Act. … However, the ALJ could have indicated more clearly which allegations she found consistent or inconsistent with the record.

EAST v. KIJAKAZI

District Court, S.D. Indiana · Apr 18, 2022

administrative medical findings, but they must consider this evidence according to §§ 404.1520b, 404.1520c, and 404.1527, as appropriate, because our Federal and State agency medical or psychological consultants are highly qualified … This statement clearly does not pertain to Claimant, but to his son. Still, even if it were true that Claimant was looking for work, that would not be an appropriate reason to discredit his statements. See Roddy v.

Brazier v. United States

District Court, N.D. Indiana · May 14, 2025

Applying the categorical approach, carjacking as charged in Count One qualifies as a “crime of violence” as defined by § 924(c).”). Same with domestic battery in the presence of a child. … Feb. 21, 2024) (“Clearly, based on this documented propensity for breaching the law, including by the aggravated unlawful use of a weapon, Defendant is not beyond the reach of Congress’ ability to rationally bar Second

SENIOR LIFESTYLE CORPORATION v. KEY BENEFITS ADMINISTRATORS, INC.

District Court, S.D. Indiana · Apr 28, 2020

The Agreement also established the relationship between the parties, stating: “1. … SLC argues that KBA failed to properly communicate with SLC and it merely included a “balance forward” amount in “one line in the middle of the [KBA] invoice, in 5-point font,” which does not qualify as compliance with

Himan v. Thor Industries, Inc.

District Court, N.D. Indiana · Mar 8, 2022

Beck given the evidence before it because the Defendants have failed to establish that Ms. … Beck’s KCPA claim and damages stem from her allegation that the Defendants’ failure to inform her of the axle defect leading up to and “at the time of sale” qualifies as “a fraudulent omission under the KCPA.”